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Tova Bennet

Associate senior lecturer

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An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence

Author

  • Tova Bennet

Summary, in English

In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first
comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an ‘‘integrated’’ model for criminal responsibility.

Department/s

  • Criminal Law
  • Law and Vulnerabilities
  • Health Law
  • Department of Law

Publishing year

2024-05-08

Language

English

Publication/Series

Criminal Law Forum

Document type

Journal article

Publisher

Springer Nature

Topic

  • Law

Keywords

  • Insanity defence
  • Integrated model
  • Criminal responsibility
  • mental disorder
  • Forensic psychiatry
  • Straffrätt

Status

Published

Research group

  • Criminal Law
  • Law and Vulnerabilities
  • Health Law

ISBN/ISSN/Other

  • ISSN: 1572-9850